How to Request a Stay to stop your Traffic Tickets and Speeding Tickets Trial [ONTARIO]


There are 2 legally correct ways to submit a request to STAY your trial due to No Disclosure/Improper Disclosure/Unreasonable Delay. The first is a method of going in person, the other is a fax method. The fax method is not well known. Expect the prosecutor/justice to give you a hard time which is why I recommend going through the first method to prevent any push back at trial. Choose which method you would want to use, but you will have to accept the level of difficulty that comes with that choice. The easier the method, the amount of difficulty you will face at trial.

Method 1: GO IN PERSON!

This is the method the courts know and expect. Choosing this method will give you less hassle at your trial as it will contain paperwork that the Justice would have looked at prior to your trial which will clearly contain the arguments for why you would like to stay your trial. But the bad side to this method is that it will require another week day (before trial) from work to go file the paperwork in person.

Whether it be for Section 7 – No Disclosure/Improper Disclosure, or Section 11(b) – unreasonable delay, you will need to complete Form 4F.

Blank Form 4F

Section 7 – Disclosure

FORM 4FCourts of Justice Act

NOTICE OF CONSTITUTIONAL QUESTION

R. v. Your Last Name

The Defendant, Your Name, intends to claim a remedy under subsection 24 (1) of the Canadian Charter of Rights and Freedoms in relation to a violation of Section 7 of the Charter by the Government of Ontario. The defendant seeks the remedy of a stay of proceedings. The question will be argued on Your Court Date at the Name and Adress of Court House. Offence: Your Charge; PON#: Your Offence Number; Offence Date: Your Offence Date; Trial Date: Date Of Trial; Time: Time Of Trial; Courtroom: Location Or Room Number. The following are the material facts giving rise to the constitutional question: On The Date You Requested Disclosure the defendant requested disclosure. The defendant specifically requested State Items Requested In Disclosure. State What Was Not Provided were not provided. The following is the legal basis for the constitutional question: The prosecutor has a legal duty to disclose information that is useful to the defence in order to know the evidence against them, prepare for trial and make full answer to the charge. (R. v. Stinchcombe, 1991 CanLII 45 (S.C.C.); R. v. O’Connor, 1995 CanLII 51 (S.C.C.)). The prosecutor has failed to meet its disclosure obligation and in doing so has violated the defendant’s section 7 Charter right. The defendant is requesting a stay of proceedings pursuant to Section 24(1) of the Charter. (Date) The Date You Are Filing This With The Court ………………. Your Name, Address, Phone Number (Also Sign it here) TO

The Attorney General of Ontario (as required by section 109 of the Courts of Justice Act)
Constitutional Law Branch
4th floor
720 Bay Street
Toronto, Ontario M5G 2K1
fax: (416) 326-4015The Attorney General of Canada (as required by section 109 of the Courts of Justice Act)
Suite 3400, Exchange Tower
Box 36, First Canadian Place
130 King Street West
Toronto, Ontario M5X 1K6
fax: (416) 973-3004

Court Name and Address

Prosecutor Name and Address

Section 11(b) – Unreasonable Delay

FORM 4FCourts of Justice Act

NOTICE OF CONSTITUTIONAL QUESTION

R. v. Your Last Name

The Defendant, Your Name, intends to claim a remedy under subsection 24 (1) of the Canadian Charter of Rights and Freedoms in relation to a violation of subsection 11 (b) of the Charter by the Government of Ontario. The defendant seeks the remedy of a stay of proceedings. The question will be argued on Your Court Date at the Name and Adress of Court House. Offence: Your Charge; PON#: Your Offence Number; Offence Date: Your Offence Date; Trial Date: Date Of Trial; Time: Time Of Trial; Courtroom: Location Or Room Number. The following are the material facts giving rise to the constitutional question: As shown above, Your Offence Date is the date of the offence and Your Trial Date is the date of the Trial. This period of time constitutes an unreasonable delay. The following is the legal basis for the constitutional question: The defendant has a legal right to be tried within a reasonable time. The defendant has not waived his right to a speedy trial, nor has the defendant been found at fault for the delay. (R. v. Askov, 1990 CanLII 45 (S.C.R.)). The defendant’s legal right to be tried within a reasonable time has been infringed and in doing so has violated the defendant’s section 11 (b) Charter right. The defendant is requesting a stay of proceedings pursuant to Section 24(1) of the Charter. (Date) The Date You Are Filing This With The Court ………………. Your Name, Address, Phone Number (Also Sign it here) TO

The Attorney General of Ontario (as required by section 109 of the Courts of Justice Act)
Constitutional Law Branch
4th floor
720 Bay Street
Toronto, Ontario M5G 2K1
fax: (416) 326-4015The Attorney General of Canada (as required by section 109 of the Courts of Justice Act)
Suite 3400, Exchange Tower
Box 36, First Canadian Place
130 King Street West
Toronto, Ontario M5X 1K6
fax: (416) 973-3004

Court Name and Address

Prosecutor Name and Address

1. So once you have completed your Form 4F make 5 copies of it. Serve the Attorney General of Canada and the Attorney General of your province with a copy of your Form 4F. Faxing, mailing, or going in person are all accepted as part of this formal process. If Fax or Mail, then you will need to complete an affidavit of service form. This form has separate sections on it for the method of service. (Note: you will be keeping the affidavit of service form until the last step in this process (when you see the court clerk)). If you are going in person, then there is no need to complete the affidavit of service as you can have the clerk at the Attorney General’s office there stamp 3 of your copies (one for you, one for the prosecutor, and one for the court) that you will take back with you. Make sure the clerk uses the right stamp as there are two different stamps commonly used by clerks.
2. Serve the Prosecutor with a copy of your Form 4F. You can Fax, Mail, or go in person as part of the formal process. If Fax or Mail, you will need to compete the affidavit of service form. If you are going in person: From the 3 stamped copies in step 1, you will give one copy to the prosecutor’s office, and have the clerk there stamp the other two copies that you will take back with you.

3. Serve the Court. YOU HAVE TO GO IN PERSON. Give the clerk your documents (One of the two stamped completed 4F documents and the affidavit of service, if you choose to fax/mail the attorney general/prosecutor). Note: If you used the affidavit of service, you will want to swear the affidavit.

Swearing the affidavit: You will need to show ID to prove who you are, raise your right hand, and state your name. The clerk will ask you if the information contained in the affidavit is true. Then you will sign the affidavit in front of the clerk. The clerk will then sign it, stamp it and keep it along with the other documents (for your court files).

The last thing you should get the clerk to do is stamp your final copy of the Form 4F (This final copy should contain the stamps from the clerks of the other two offices) OR have them stamp the Affidavit of service if you choose to mail/fax your form 4F. THAT IS IT, you are done filing the paperwork. The Justice will be able to review what you have given to the court clerk before your trial starts.

Method 2: FAX

This is the easiest way to complete your Stay application, though you may face extreme difficulty in court if the Justice/Prosecutor are not that experienced with the rules of the court. So you may be questioned on whether or not you filed your application correctly.

1. Fax the Attorney General of Canada and the Attorney General of your province (See the address for Ontario in the sample form above). Keep the fax receipt with you.

2. Fax the Prosecutor’s office. Keep the fax receipt with you.

Source: http://forums.redflagdeals.com

Sponsored Links: